Types of Family Law cases handled by Phillips Law Group:
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Prenuptual Agreements: Agreements made between two individuals who are planning to become legally married. We can represent one of the future spouses and help them safeguard their interests in a way that would be upheld by a court if the need ever arises.
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Postnuptual Agreements: Agreements made during a marriage when the parties may be having difficulties but wish to stay married but also have a negotiated agreement in place in case the relationship does not prove sustainable. Douglas Phillips is experienced at negotiating and writing such agreements so that it will help stabilize or improve the marriage but also provide an enforceable agreement if the marriage continues to have issues.
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Separation Agreements: An agreement made between married people who are not yet ready to divorce. Such agreements have become more common in the past decade as individuals elect to stay married due to shared retirement funds, shared property, or to provide health benefits to one of the spouses who may have significant medical needs.
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Voluntary Parenting Agreements: Agreements between parents who do not wish to have a formal child custody proceeding and who are able to negotiate to reach an agreement that is sustainable, fair, and legally enforceable.
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Child custody: We represent parents seeking to maximize their rights when it comes to their custody rights, their visitation rights, and any court-ordered terms of such agreements. Attorney Douglas Phillips has helped parents to revoke the custody rights of abusive parents, create visitation conditions that are appropriate in cases of abuse, and restore the rights of parents who have wrongly been accused in the past.
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Guardianship: Guardianship of children.
Maryland Family Law
Child Custody Laws: A brief overview
Maryland child custody laws are based on the principle that both parents are the natural custodians of their children, and the primary consideration is the child's best interests. When deciding on custody and visitation, the court will consider factors such as:
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The child's age, health, and needs
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The parents' caregiving abilities and work schedules
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The relationship between the child and each parent
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The child's preference if they are old enough
Here are some other key points about child custody laws in Maryland:
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Sole vs. joint custody
Custody can be sole, where one parent has all the decision-making power, or joint, where both parents share the responsibilities.
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Visitation
When one parent has sole physical custody, the other parent usually has visitation rights.
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Temporary custody
Also known as pendente lite, this is a temporary arrangement while the court makes a final decision.
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Relocation
A parent can request a court modification if they want to relocate the child, and the other parent can object. The court will consider what's in the child's best interest.
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Custody arrangements are not permanent
A parent can petition the court to modify a custody order if circumstances change
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Types of custody
There are two main types of custody: legal and physical. Legal custody is the right to make major decisions about the child's upbringing, while physical custody is where the child lives and who provides day-to-day care.
Guardianship
Guardianship is a court proceeding. When an adult is unable to make personal decisions, such as medical decisions, or to handle his or her own property, a court can appoint a guardian.
1. Alternatives to Guardianship
In Maryland, a guardian should only be appointed if there are no less restrictive alternatives. During the court guardianship proceeding, the court must first determine there is no less restrictive alternative available, so consider alternatives prior to beginning guardianship proceedings. This article lists some, but not all, available alternatives.
Establishing a guardianship is a formal, public, legal process. It is initiated when someone files a petition with a Maryland circuit court to be appointed guardian for an “alleged disabled person.” It should be noted that a disabled person is always an “alleged” disabled person until that person is determined by a court to be disabled, based on competent medical evidence, affidavits or opinions. Prior to that determination, a person is presumed to have capacity. If the court determines that a person is disabled, the court will appoint someone, most often an interested person, to serve as guardian, and issue an order setting out the terms and conditions of the appointment.
3. Role of the Interested Person
Interested persons play a pivotal role in guardianship proceedings. For example, only an interested person can petition for guardianship.
If the alleged disabled person does not already have an attorney, the court will appoint an attorney for the disabled person. This is required to ensure that the alleged disabled person’s due process rights are not violated during the guardianship proceedings.
Whether or not the guardianship is contested, a hearing on the guardianship petition will be conducted in the circuit court for the county in which the petition was filed. The two main issues in a guardianship hearing are (1) whether a guardian is needed (i.e., is the alleged disabled person really disabled?) and (2) who is the most appropriate guardian for the disabled person. The Petitioner has the burden to prove both of these issues.
Guardianship is a legal process where the court appoints a person to manage a minor’s personal affairs (non-financial decisions), financial affairs, or both. The court can appoint one person to manage the minor’s personal affairs and another person to manage the minor’s financial affairs. The court can also appoint two people as co-guardians to share the guardianship responsibilities. The court is the ultimate guardian and will monitor the guardianship.